LexisNexis® Legal Newsroom
MO: Supreme Court to Address "Equal Exposure" Defense

When is an accident not compensable because an injured worker was equally exposed to the hazard or risk outside of and unrelated to the employment? The issue will now go to the Missouri Supreme Court, based on a recent transfer by the Eastern District in Sandy Johme v St. John's Mercy Healthcare...

MO: Supreme Court to Address "Equal Exposure" Defense

When is an accident not compensable because an injured worker was equally exposed to the hazard or risk outside of and unrelated to the employment? The issue will now go to the Missouri Supreme Court, based on a recent transfer by the Eastern District in Sandy Johme v St. John's Mercy Healthcare...

MO: Is falling on the employer’s lot in the morning enough to obtain benefits?

The recent Commission case Lantie Wilson v Buchanan County , Oct. 14, 2011, 2011 Mo WCLR Lexis 206, involved a claimant who fell on the employer's lot reporting to work. The Commission affirmed an award of benefits and concluded that there was no need to even consider if claimant had equal exposure...

Missouri: Court Finds No "Equal Exposure" From Carrying Helmet During Fall at Work

The court of appeals once again revisits the issue when “equal exposure” to the same hazard away from the job limits an employee’s ability to obtain worker’s compensation for an injury on the employer’s property. Claimant lost his footing on a small staircase on the employer’s...

Missouri: Court Weakens 'Equal Exposure' Defense In a New Parking Lot Case

A worker who injured his knee falling on a snowy adjacent parking lot while leaving work was awarded benefits. Scholastic v David Viley, 2014 Mo App. Lexis 1207 (Lexis Advance), 2014 Mo App. Lexis 1207 (lexis.com), WD 77546 (Oct. 28, 2014) This case is important for two reasons. The commission awards...